MAINTENANCE AND REPAIR

“How do the building maintenance responsibilities differ between a condominium and a planned development?”

In a condominium building, the association is often responsible for most or all of the physical elements of the building with the exception of fixtures and appliances (and sometimes demising walls) within a unit. In a PD, the association is usually responsible only for the exterior waterproof envelope of the building, but not for the structural or interior elements of the building, like framing, foundations, plumbing or wiring.

“Our members and our board can't decide to fix things. Is that ok?”

Even if members are unwilling to assess themselves for repairs, boards of directors operate under different rules. Specifically, boards have a statutory duty to assess the members in amounts sufficient to pay their associations' obligations. Since boards can increase regular assessments up to 20% over the previous year's budgeted gross expenses and levy special assessments of up to 5% over the current year's budgeted gross expenses, it could have little justification for not doing so if essential repairs are needed but the members vote no. There are a number of other alternatives, but doing nothing usually isn't one of them. (Civil Code § 1366(a))